AS Title 3, Chapter 58: Organic Food and Agricultural Products
AI-assisted research summary: This chapter limits when food or agricultural products can be sold or labeled as organic, and it requires producer disclosure, sworn statements, records, and department enforcement powers.
Chapter 58. Organic Food and Agricultural Products. Sec. 03.58.010. Prohibition. A person may not sell, offer for sale, represent, or label a raw or processed agricultural product, including ingredients, as organic unless the product has been produced, handled, and certified under 7 U.S.C. 65016522, as amended, or under the state organic certification program established under AS 03.58.015 . Sec. 03.58.015. State organic certification program. (a) The department may establish a state organic certification program for producers and handlers of agricultural products within the state that meets the requirements for approval under 7 U.S.C. 6501 6522, as amended. (b) The department may apply under 7 U.S.C. 6514, as amended, for accreditation as a certifying agent under 7 U.S.C. 6501 6522, as amended. Sec. 03.58.020. Disclosure. (a) Except as provided in (b) of this section, a person may not sell food represented as organic food unless the name and address of the producer of the food are displayed with the food. If the food is not displayed at the purchase site, a written statement with the name and address of the producer must be given to the purchaser unless the name and address are identified on a package containing the purchased food. This subsection does not apply to a sale for consumption on the premises. (b) Advertising for the mail order sale of food represented as organic food must include the name and address of the producer of the food. Sec. 03.58.030. Sworn statement of compliance. (a) A producer may not sell to a vendor food represented as organic food unless before the sale the producer provides the vendor with a sworn statement that the producer has grown, raised, or otherwise produced the food in compliance with AS 03.58.010 . If a producer sells the food to the same vendor more than one time during a calendar year, one statement for the calendar year is sufficient to comply with this section. (b) [Repealed, § 7 ch 64 SLA 2003.] Sec. 03.58.040. Records. A person who sells food represented as organic food shall maintain the records relating to this chapter that the department reasonably requires and shall furnish them to the department when requested by the department. Sec. 03.58.050. Regulations. The department may adopt regulations under AS 44.62 (Administrative Procedure Act) to carry out this chapter, including regulations to establish reasonable fees for services provided by the department. Sec. 03.58.060. Enforcement. (a) If the department determines that a person is violating a provision of this chapter, or a regulation adopted under this chapter, the department shall order the person to stop the violation and to refrain from future violations. (b) If a person violates this chapter or a regulation adopted under this chapter, the person is liable to the state for (1) a civil fine established by the department by regulation plus the state's estimated costs of investigating and taking appropriate administrative and enforcement actions for the violation, including attorney fees; (2) an additional civil penalty of three times the value of the product knowingly sold in violation of this chapter. (c) The provisions of this section are in addition to the remedies available under AS 45.50.471 45.50.561 and federal statute and regulation. Sec. 03.58.065. Applicability. This chapter does not apply to meat, fish, or poultry. Sec. 03.58.070. Definitions. [Repealed, § 7 ch 64 SLA 2003.]